- Conditional Release
- Decriminalization
- Drugged Driving
- Expungement
- Legalization
- Mandatory Minimum Sentence
- Medical Marijuana
- Tax Stamps
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
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Personal Use |
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| Up to 1 oz** | None | None | $ 0 |
| 1 oz - 1 kg | Misdemeanor | 1 year | $ 500 |
| ** Up to 10 ounces in a residence. | |||
With Intent to Distribute |
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| 1 - 5 kg | Felony | 10* - 50 years | $ 500,000 |
| More than 5 kg | Felony | 25 years* - life | $ 100,000 |
| Within 300 yards of a school may result in double penalty. | |||
| 1 kg is approximately 35 oz | |||
| * Mandatory minimum sentence | |||
Sale or Cultivation |
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| Cultivation of 6 plants or less | None | None | $ 0 |
| More than 1 oz - 1 kg | Felony | 30 years | $ 100,000 |
| 1 - 5 kg | Felony | 10* - 50 years | $ 500,000 |
| More than 5 kg | Felony | 20 years* - life | $ 10,000 |
| To a minor at least three years younger | Felony | 2 - 5 years | $ 100,000 |
| Within 300 yards of a school may result in double penalty. | |||
| 1 kg is approximately 35 oz | |||
| * Mandatory minimum sentence | |||
Hash & Concentrates |
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| Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. | |||
Paraphernalia |
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| Manufacture, sale, delivery, or possession with intent to sell or deliver | Not Classified | 2 years | $ 5,000 |
| Delivery to a person under 18 years | Not Classified | 5 years | $ 5,000 |
Miscellaneous |
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Penalty Details
Possession for Personal Use
On May 25, 2022 Democratic Governor Dan McKee signed legislation (The Rhode Island Cannabis Act) into law legalizing the personal use and licensed retail sale of marijuana to those age 21 or older. Provisions in the law permitting adults to possess and home cultivate marijuana took effect upon signing.
The Rhode Island Cannabis Act allows adults age 21 and up to possess (up to one ounce in public or up to 10 ounces at home), home-cultivate (up to six plants, no more than three mature), and purchase limited amounts of cannabis. It also facilitates the automatic review and expungement of past criminal records. Under the measure, records must be vacated no later than by July 1, 2024.
See
Possession of 10 ounces to 1 kilogram is a misdemeanor that is punishable by a maximum of 1 year imprisonment and a maximum fine of $500.
See
- R.I. Gen. Laws § 21-28-4.01 (2015)
- R.I. Gen. Laws § 21-28-2.08 (2015)
Possession with Intent to Distribute
Possession of between 1-5 kilograms is a felony punishable by a mandatory minimum sentence of 10 years and a maximum of 50 years imprisonment and a maximum fine of $500,000.
Possession of more than 5 kilograms is a felony punishable by a mandatory minimum sentence of 25 years and a maximum sentence of life imprisonment as well as a maximum fine of $100,000.
Sale or possession within 300 yards of a school may result in a doubling of the penalties.
Possession while driving will result in a driver’s license suspension for a period of 6 months.
See
- R.I. Gen. Laws § 21-28-4.01 (2015)
- R.I. Gen Laws § 21-28- 2.08 (2015)
Sale or Cultivation
Sale or cultivation of more than one ounce to one kilogram is a felony punishable by a maximum sentence of 30 years imprisonment and a maximum fine of $100,000.
Sale or cultivation of between 1-5 kilograms is punishable by a mandatory minimum sentence of 10 years imprisonment and a maximum sentence of 50 years imprisonment as well as a maximum fine of $500,000.
Sale or cultivation of 5 kilograms or more is punishable by a mandatory minimum sentence of 20 years imprisonment and a maximum of life imprisonment as well as a maximum fine of $500,000.
Delivery to a minor at least three years younger than the offender carries with it the additional penalty of between 2-5 years imprisonment and a maximum fine of $10,000.
Sale or possession within 300 yards of a school, public park, or playground doubles the penalties.
See
- R.I. Gen. Laws § 21-28- 401.2 (2015)
- R.I. Gen. Laws § 21-28- 2.08 (2015)
- R.I. Gen. Laws § 21-28-4.07 (2015)
Hash & Concentrates
Hashish and concentrates fall under the definition of marijuana.
See
- R.I. Gen. Laws § 21-28-1.02 (26) (2015)
Paraphernalia
The manufacture, sale, delivery, or possession with the intent to sell or deliver, of paraphernalia is punishable by a fine not exceeding five thousand dollars ($5,000) and up to two (2) years imprisonment.
Any person eighteen (18) years of age or over who delivers drug paraphernalia to a person under eighteen (18) years of age shall be subject to a fine not to exceed five thousand dollars ($5,000) and imprisonment not to exceed five (5) years.
See
- R.I. Gen. Laws § 21-28.5-2 (2015)
Conditional Release
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
EXPUNGEMENT
This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.
Legalization
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Tax Stamps
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.